Wakilii

In the matter for a Petition for An Adoption by Atkins and Justin (Adoption Cause 32 of 2023)

High Court · [2023] UGHCFD 166 · 2023 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance adoption petition by foreign nationals for an abandoned Ugandan child
Decision
Adoption order granted in favour of petitioners; parental rights of unknown biological parents terminated; child to be known by new name Douglas Michael Okwii

Observed later treatment

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Holding

Held that where petitioners are foreign nationals who have resided in Uganda for over one year and fostered an abandoned Ugandan child for one year under probation supervision, the High Court has jurisdiction to grant an adoption order. Held further that where extensive efforts to locate the biological family have failed and no Ugandan family has come forward, inter-country adoption serves as the last option and is in the child's best interests where petitioners demonstrate financial capability, good health, community support, and no criminal record. Petition granted.

Outcome

Adoption order granted in favour of petitioners; parental rights of unknown biological parents terminated; child to be known by new name Douglas Michael Okwii

Facts

The child Okwi Andrew Jackson, aged 2 years 8 months, was found abandoned at a residential gate on Kira Road opposite Jinja Regional Referral Hospital on 6 October 2021. Police investigations and extensive searches including newspaper advertisements in New Vision and Bukedde and radio announcements on three stations failed to locate any biological family. The child was placed at Amani Baby Cottages. The petitioners, United States citizens married for 12 years with three biological children, have resided in Uganda since March 2019 and operate a foreign NGO in Kamuli District. They contacted the Department of Gender, Labour and Community Development in May 2022 to inquire about adoption. The child was approved for fostering on 4 July 2022 and has been in the petitioners' custody since that date under probation supervision. The National Alternative Care Panel approved the adoption on 30 June 2022.

Issues

  1. Whether the High Court has jurisdiction to entertain an inter-country adoption application?
  2. Whether the petitioners qualify to be appointed the adoptive parents of the child?
  3. Whether the petition is in the best interests of the child?

Orders

  • The petitioners Douglas Charla Atkins and Douglas Justin Michael are appointed the adoptive parents of the child Okwi Andrew Jackson.
  • The parental rights of all others in respect to the child Okwi Andrew Jackson not previously terminated are hereby terminated.
  • The petitioners shall have exclusive care, custody and control of the child free from claims or hindrances of all others.
  • The Registrar General of Births and Deaths is directed to make an entry recording this adoption in the Adopted Children Register.
  • The petitioners are allowed to change the child's name to Douglas Michael Okwii.
  • The petitioners are allowed to process a Ugandan passport for the child.
  • This adoption order shall be furnished to the Consular Department in the Ministry of Foreign Affairs.
  • Costs of this petition shall be met by the petitioners.

Rules and key headnotes

Adoption — Inter-Country Adoption — Jurisdiction — High Court
In inter-country adoptions where either the child or the applicant is not a citizen of Uganda, the High Court has exclusive jurisdiction to entertain the application under Section 44(1)(b) of the Children Act Cap 59.
Adoption — Inter-Country Adoption — Residence and Fostering Requirements
A person who is not a citizen of Uganda may adopt a Ugandan child in exceptional circumstances if he or she has stayed in Uganda for at least one year and fostered the child for at least one year under the supervision of a Probation and Social Welfare Officer as required by Section 46(1)(a) and (b) of the Children Act.
Adoption — Inter-Country Adoption — Waiver of Home Study Report
Where prospective adopters currently reside in Uganda, the court may waive the requirement for a recommendation from their country's probation and welfare office under Section 46(4) of the Children Act, which provides for waiver of requirements for inter-country adoption under exceptional circumstances.
Adoption — Abandoned Children — Inter-Country Adoption as Last Resort
Inter-country adoption shall be the last option available to orphaned, abandoned or legally relinquished children along a continuum of comprehensive child welfare services under Section 46(6) of the Children Act. Where extensive efforts including newspaper advertisements and radio announcements fail to locate biological family and no Ugandan family comes forward, inter-country adoption may be granted.
Adoption — Consent — Dispensation Where Parents Unknown
The court may dispense with the consent of biological parents under Section 47(2) of the Children Act where the parents are incapable of giving consent, including where the parents and relatives are unknown despite reasonable efforts to locate them through newspaper and radio advertisements.
Adoption — Best Interests of the Child — Paramount Consideration
The welfare of the child is the paramount consideration in adoption proceedings under Section 3 and Section 48(1)(b) of the Children Act. The welfare principle requires consideration of all circumstances affecting the child's well-being in the widest sense, including physical, moral, religious and emotional welfare, ties of affection, financial security, health, and family and community support.
Adoption — Role of Court — Judicial Reasonable Parent
The function of the judge in adoption proceedings is to act as the judicial reasonable parent, doing what a wise parent acting on behalf of the child ought to do in determining whether to grant an adoption order.

Legislation cited (16)

Cases cited (4)

  • Ayat Joy v Genevive Chenekan Obonyo & Another (Adoption Cause No. 52 of 2002)
  • Re Mcgrath (infants) 1893 Ch 143 at 148
  • Nakaggwa v Kigundu (1978) HCB 310
  • Twijuke Fred v Tugumisirize Annet (Divorce Cause No. 28 of 2021)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the matter for a Petition for An Adoption by Atkins and Justin (Adoption Cause 32 of 2023) [2023] UGHCFD 166 (14 September 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.